Fine for smoking at wheel 'stupid'

THE lawyer of a woman who refused to pay a €22 fine for smoking a cigarette at the wheel has accused police of abusing their powers after the case against her was dropped.

Jean-Baptiste Iosca, representing Chantal Missègue, a health worker from Bordeaux, accused the police officer who handed her a fine while driving through the city’s suburbs in January of “abusing her power.”

According to Le Parisien, Mr Iosca is now preparing to make a formal complaint to the public prosecutor’s office in Paris.

He said he wanted “a reaction from the Interior Ministry” and a memo to “remind those enforcing the law to calm themselves, show a bit less zeal and stop fining drivers for supposed faults which aren’t actually faults.”

Smoking a cigarette at the wheel is not specifically forbidden by law.

In handing out the fine the policeman cited article R412-6 of the Code de la Route, which states a driver must be ready to carry out all manoeuvres necessary without any delay – meaning both hands must be on the wheel at all times.

However exactly what you can and cannot do while driving according to the law remains vague, and only using a telephone use has been specifically forbidden by decree in 2003.

Departmental director of public safety Général Albert Doutre said: “Smoking at the wheel can cause a lapse in concentration.”

He added this could result in “losing control of the vehicle.”

Mr Iosca said: “Cases like this do not stand up legally, and are quite simply, stupid.”

He added: “It is not obligatory to always have two hands on the wheel. Drivers can scratch their nose, eat a sweet, change a radio station or signal to another driver while driving.”

STORY: Driver fined for smoking at wheel